Working out the kinks

Trustees configure details on creating East Wayne Fire District

BAUGHMAN TWP. -- As four political subdivisions consider creating a joint fire district, questions remain about whether it needs to be fully functioning on Day 1 or if there is a transition period.

Trustees from Baughman and Sugar Creek townships conducted a joint meeting Thursday at the Baughman Township hall and invited representatives from Marshallville and Dalton to discuss creating the district.

Attorney Christopher N. Finney of Logee, Hostetler, Stutzman and Lehman presented a draft version of a resolution each board of trustees or village council would have to pass in order to create the East Wayne Fire District.

Receiving much discussion in the meeting were provisions about the make up of the board, what each group would commit to getting a fire district up and running and what happens if a levy cannot be passed.

Because there are four entities involved, the proposed resolution calls for five board members, one from each political subdivision and a fifth, at-large member. Members will serve one year, with the at-large position rotating every year among the four areas.

When fire districts are created, they become independent political subdivisions. There was talk as to whether the fire district board would pick the at large member or whether the elected officials from the four areas would. Baughman Township Trustee Don Grimes said he wanted language in the agreement stating each of the four political subdivisions retain the authority to appoint members.

Dalton solicitor Melissa Craemer Smith raised concern about the fifth member. The draft language referred to the entities appointing another trustee or council member as the at-large member. However, if there are two trustees from the same township on the board, then there could be an issue.

Two trustees from one township would constitute a quorum of the board of trustees, thus fire district board meetings could potentially be a township trustee meeting, too. This would not be the case with the village councils because they have more members.

Dalton Councilman Tom Gregory suggested each of the groups should commit a minimal amount of seed money to get the district running instead of committing to a large amount of money and equipment right now.

Marshallville Mayor Bob Brooker said his village's money will be minimal because it will be contributing equipment from its volunteer fire department.

Baughman Township Trustee Bob Graber wanted to know if the fire district is formed after resolutions are passed or after funding is secured through the passing of a levy.

Smith said a district has to be created in order for it to put a levy on the ballot.

As for how things will proceed if a joint district is created, Dalton Mayor Judy Cox said it is her understanding each entity will continue providing fire and emergency medical services in the same manner until a levy is passed to fund operations.

Wayne County Prosecutor Dan Lutz agreed it would be a good way to move forward.

"It seems to make the most sense to form the district, go for a levy and operate as you have until a levy passes," Lutz said.

Marshallville solicitor Chris Oehl questioned whether each of the four political subdivisions would have the authority to provide fire services once an independent joint fire district is formed.

"I am not sure if you can go halfway," Oehl said. "When you create an entity, you are giving up power and responsibility."

"Legal representatives will need to do a little more research," Smith said.

The groups will meet at 7:30 p.m. Oct. 25 at the Baughman Township hall to discuss the formation of a joint fire district.

Reporter Bobby Warren can be reached at 330-287-1639 or bwarren@the-daily-record.com. He is @BobbyWarrenTDR on Twitter.